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Legal Opinion

Stuart v. Decision One Mortg. Co., LLC

Superior Court of Pennsylvania

Decided June 1, 2009No. 2332 EDA 2008PublishedCited by 12 opinions

1Opinion of the Court

OPINION BY

KLEIN, J.:

¶ 1 Alan R. Stuart and Elizabeth T. Stuart appeal from the decision of the trial court granting defendant’s, Decision One Mortgage Company and RFC Homecomings Financial, motion for judgment on the pleadings and refusing to allow rescission 1 of a home mortgage under the federal Truth-in-Lending Act (TILA) after there had been a default judgment in foreclosure. We agree with the cogent reasoning of the distinguished trial judge, the Honorable Robert J. Shenkin, that res judicata bars this claim. Therefore, we affirm.

¶2 The facts were stated by Judge Shenkin in his order…

2Cases cited9 opinions

  1. R.G. Financial Corp. v. Vergara-NuñezCourt of Appeals for the First Circuit · 2006
  2. Bearoff v. Bearoff Bros., Inc.Supreme Court of Pennsylvania · 1974
  3. Del Turco v. Peoples Home Savings Ass'nSupreme Court of Pennsylvania · 1984
  4. Wilkes Ex Rel. Mason v. Phoenix Home Life Mutual Ins. Co.Supreme Court of Pennsylvania · 2006
  5. Zimmer v. ZimmerSupreme Court of Pennsylvania · 1974

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3Cited by12 opinions

  1. Clark v. PFIZER INC.Superior Court of Pennsylvania · 2010
  2. In re RazziUnited States Bankruptcy Court, E.D. Pennsylvania · 2015
  3. Devon Drive Lionville LP v. Parke Bancorp IncCourt of Appeals for the Third Circuit · 2019
  4. Ditech Holding CorporationUnited States Bankruptcy Court, S.D. New York · 2023
  5. Emilie BrownUnited States Bankruptcy Court, W.D. Pennsylvania · 2020

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